The Committee urges the State party to take immediate action to ensure prompt, impartial and
effective investigations into the allegations of use of excessive force and torture by the military during
the “Operation Okoa Maisha” in March 2008. The Sate party should further ensure that perpetrators
are prosecuted and punished according to the grave nature of their acts, that the victims who lost their
lives are properly identified and that their families, as well as the other victims, are adequately
compensated.
(22) The Committee is further concerned about reports of the use of excessive force, sometimes resulting in
violent deaths, by the police during evictions, particularly in urban areas, which often result in the destruction of
homes and other personal belongings (arts. 12, 13 and 16).
The State party should adopt effective measures to prevent the use of excessive force during evictions.
Furthermore, the State party should provide specific training on such actions as evictions for police
officers, and ensure that complaints concerning forced evictions are thoroughly investigated and that
those found responsible are brought to trial.
Impunity
(23) The Committee is concerned about the absence of a specific legal framework to ensure prompt and impartial
investigations into acts of torture and other cruel, inhuman and degrading treatment or punishment committed by
law enforcement personnel. The Committee is further concerned that acts of torture and ill-treatment are seldom
investigated and prosecuted and that perpetrators are either rarely convicted or are sentenced to lenient penalties
not in accordance with the grave nature of their crimes. In this connection, the Committee expresses its concern
over the culture of impunity for perpetrators of acts of torture and ill-treatment throughout the country (arts. 2, 4
and 12).
The State party should take vigorous steps, including the setting up of a specific legal framework, to
eliminate impunity for perpetrators of acts of torture and ill-treatment by ensuring that all allegations
are investigated promptly, effectively and impartially, that perpetrators are prosecuted and convicted
in accordance with the gravity of the acts, and that victims are adequately compensated, as required
by the Convention.
In this connection, the Committee welcomes the assurances provided by the delegation that
information will be submitted regarding the status of individual cases of torture pending in court as
well as torture-related deaths without inquest listed in the annexes of one of the alternative reports
submitted by a coalition of national non-governmental organizations.
Lack of accessible complaints mechanism
(24) While acknowledging the recent establishment of a Public Complaints Standing Committee, the Committee
is very concerned about the impediments faced by individuals who may have been subject to torture and
ill-treatment to complain and have their cases promptly and impartially examined by the competent authorities. In
this connection, while taking note that the complaint forms (including the “P3 form”) are now available free of
charge on the website of the Kenyan police department as well as in public hospitals, the Committee is concerned
that the practice of medical practitioners of charging fees for completing P3 forms may reduce the possibility of
persons with limited economic resources to file and corroborate complaints (arts. 12 and 13).
The Committee urges the State party to take the necessary measures to ensure that all individuals who
may have been subject to torture and ill-treatment have the possibility to complain and their case
promptly and impartially examined by the competent authorities. The State party should ensure that
all necessary steps to file a complaint are facilitated, including access to medical assessment as required
by the “P3 form”.
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